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Resolution 2001-09 RESOLUTION NO. 2001-9 RESOLUTION NO. 2001-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY MODIFYING AND APPROVING TM 99-13, A TENTATIVE MAP TO CREATE SIXTY-SEVEN SINGLE- FAMILY LOTS ON APPROXIMATELY 60 ACRES LOCATED NORTH OF MANTELLI DRIVE, AT THE NORTHEAST CORNER OF THE COUNTRY ESTATES SUBDIVISION, APNs 783-47-03, 783-47-04 AND 783-04-18. WHEREAS, Gill Properties ("Applicant") submitted TM 99-13, requesting a Tentative Map to subdivide a 60-acre lot into sixty-seven (67) single-family residential lots; and WHEREAS, the property affected by TM 99-13 is located north ofMantelli Drive, at the northeast corner of the Country Estates subdivision further described as located on the north side ofMantelli Drive and west of the terminus of Crest Hill Way; and WHEREAS, the Planning Cornmission held a duly noticed public hearing on November 9, 2000, at which it considered this project and voted to recommend approval of TM 99-13 to the City Council; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), a Negative Declaration for this project with twenty (20) mitigation measures was adopted by the City Council on February 5, 2001 in conjunction with an associated application for this project, an amendment to RD92-29; and WHEREAS, the City Council held a duly noticed public hearing on November 20, 2000 and held duly noticed public meetings on December 5, 2000, February 5, 2001, and March 5, 2001, at which time the City Council considered the public testimony, the Planning Division INVH1500191.1 01-112804706002 1 RESOLUTION NO. 2001-9 Staff Report dated October 27, 2000, and an additional Planning Division Memorandum dated November 13, 2000, and all other documentation related to application TM 99-13; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this project approval is based is the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council finds as follows: 1. The project as modified is consistent with the site's land use designation on the General Plan map, and with the intent of the General Plan text. 2. The project as modified is consistent with the Zoning Ordinance, the City's Subdivision and Land Development Code, and the California Subdivision Map Act. 3. There are no facts to support fmdings requiring denial of the proposed tentative map pursuant to California Govemment Code Section 66474. 4. There is no substantial evidence that this project will have a significant effect on the environment. B. Tentative Map TM 99-13 should be and hereby IS modified and approved, subj ect to: 1. The modification of the project to delete the gated community aspects. 2. The forty-two (42) conditions identified in the Staff Report, said conditions attached hereto as Exhibit B, and incorporated herein by this reference. \NVH\500191.1 01.112804706002 2 RESOLUTION NO. 2001-9 2. The mitigation measures set forth in the Negative Declaration and the MitigationIMonitoring Program, which Negative Declaration and Monitoring Program is attached hereto as Exhibit A, and incorporated herein by this reference. PASSED AND ADOPTED this 5th day of March, 2001 by the following vote: AYES: COUNCILMEMBERS: G. ARELLANO, MORALES, PINHEIRO, SUDOL, VELASCO, SPRINGER P. ARELLANO NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE APPROVED: . /Ar.~~( Thomas W. Springer, M#or ::;rlndK &2c~ Rhonrla Pellin, City Clerk \NVH\500191.1 01.112804706002 3 Community Development Department Planning Division Negative Declaration City of Gilroy 735 I Ro5aIU13. st. . Gilroy. CA 95020 (408) 848-0440 City File Number: TM 99.13 October 2. 2000 proiect Description NlUTIe ofProje~t: Nature of Project: Country Estates phase m Request to subdivide approximately 60 acres of Im1d into 67 single-family hillside residences in Gilroy, CA. Proiect Location Location: Assessor's Parcel #: North ofManteUi Drive and west of the terminus of Crest Hill Way. 783-47-03,04 &. 783-04-18 Entitv or Pel"8on(sl Undertakinlz Proiect Name: Address: Gill Properties (% Marilyn Glover) 5403 Scott$ Valley Drive, Suite D, Gilroy, CA 95020 Initial Study An expanded Initial Study of this project was undertaken and prepared for the purpose of ascertaining whether this project might have a significlUl1 effect on the environment. A copy of this study is on file at the City of Gilroy Planning Division. 7351 Rosanna Street, Gilroy, CA 95020. FindinlU & Re8sons The Initial Swdy identified potentially significant effects on !be environment. However, this project bas been mitigated (see Mitigation Measures below which awid or mitigate the effects) to a point where 110 signifu:ant effects will OCeu1". There is no substantial evidence the project may have a significant effect on the environment The following reasons will support these findings: 1. The proposal is a logical component ofthe existing and proposed land use of this a:ea. 2. Potentially adverse environmental impacts will be mitigated. 3. The proposed project is consistent with the adopted goals and. policieS of the Gilroy GcnenIl Plan. 4. Thc Initial Study was independently ~ed by City staft and this Negative Dec1aration re1lects the independent judgement ofthc City of Gilroy. l;;;. x. h: b..: + "It 'I Draft Negative DecllU'8Iion 1M 99-13 10/2/00 Mltiaation Measures Aesthetics 1. Applicants for development of homes on lots 40, 41, 42, 44, 45, 47, 48, 49, 50, 51 and 52 shall stake and flag the outline of the proposed strUcture to determine if construction of the home would result in a silhouette against the skyline, as viewed from the valley floor. The staking and flagging shall be subject to review and approval by the City of Gilroy Planning Division and architectural review board prior to approval of architecturalllI\d site review, in accordance with the provision of the City of Gilroy Zoning Ordinance, Section 9.32 regarding building visibility and height requirements. 2. The applicant shall prepare plans for the design of all retair1ing walls over four 'feet high with each phase of the project. Retaining walls for roadways shall be constructed of keystone and be designed to blend in with its swroundings. Retaining walls on . individual lots shall include a modular, or terracing design to break up the appearaIlCe . of a high retaining wall. As this terracing design would require more space' than one single wall, building pads will be located so as to accommodate the terraced retainizlg . . walls. All'retaining wall designs will require landscaping to assist in blending in With the surrounding natural environment. Landscaping shall be completed at the time of retaillillg wall construction. The retaining wall plans, for each phase, shall be subject to review and approval by the City of Gilroy Planrting Division, prior to approval of the final map for each phase. Air Quality 3. The following control measures shall be incorporated into any permits issued for the proposed project: a. Water all active construction areas at least twice daily or more often as needed to prevent dust from becoming airborne and leaving the site. b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. c. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads. parking areas and staging areas at construction sites. d. Sweep daily (with water sweepers) all paved access roads, parking areas and staging arellS at construction sites. e. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. f_ Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more). g. Enclose. cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.) Draft Ncpti~ DcocIaration TM 99-13 3 1012100 . h. Umit traffic speeds on unpaved roads to 15 mph. i. Install sandbags or other erosion control measures to prevent slltrunoff to public roadways_ j. Replant vegetation in disturbed areas as quickly as possible_ Biolpgictl Resources 4. For each phase, the applicant shall have a teVegetation plan and monitoring program prepared consistent with CDFG requirements regarding oak habitat protection. The revegetation plan and monitoring program shall be prepared and implemented by a certified ar~orist, subject to review and approval by CDFG and the Gilroy Planning Division, and shall include the following measures: . . . B. For each acre of oak habitat lost through development of the site, an appropriate number of acres of oak woodland habitat shall be preserved on-site. This 'number of acres shall be determined in consultation with the CDFG. b. For each individual significant oak tree lost, as defined' by the City's CoI1:5Olid.ated Landscape Policy (six inches in diameter or greater as measured 4.5 feet from the ground), the project site shall be l'evegetated at a thl'ee to one ieplacexnent ratio. Transplanting the oak saplings lost, as identified above, may be implemented as part of the revegetation plan, if deemed feasible by the certified IIl'borlst. The revegetation plan and monitoring program shall be approved by CDFG and the Planning Division priOl' to approval of the final map for each applicable phase of the project. 5. The applicant, for each phase of the proposed project, shall contract with a qualified arborist to prepare a tree protection plan which shall include, at a minimum, !he following components. a. During the preparation of more detailed grading and iInprovement plaIls, the project design team will work with the City of Gilroy Engineering Division staff and the project geotechnical consultant to identify and iinplement engineering and infrastructure related altematives in an effort to reduce grading and preserve existing trees. b. All construction activity (grading, filling, paving, and laridscaping) shall respect a root protection zone (RPZ) around all tl'ees with 6-inch diameter and greater as . measured 4..5 feet above average ground. The RPZ shall be a distatlCe of 1.0 t:iIneS the dripline radius measured from the trunk of the tree. Exceptions to this standard could be considered on a case-by-case basis provided that it is dexnonstrated that an encroachm.ent into the RPZ will not affect the root system or the health of the tree, and it is authorized by an arborist or tl'ee specialist '. Draft Negative DecllU'Blion . TM 99-13 4 10/2/00 c. Temporary protective fencing shall be installed around the dripline of existing trees prior to commencement of any earthwork activities conducted within it sufficient distance from the tree's canopy, as detennined by the arborisl The fencing shall be clearly marked to prevent inadvertent encroachment by machinery. Fencing shall be staked with steel posts and shall be at least four feet . high and of it bright color (red or yellow). d. Run-off will not be allowed to pond around the base of any tree. e. An arborist or qualified tree specialist shall be retained to perform any necessary pruning of native trees during construction activity. f. Trenches which are required within the root RPZ of existing native trees.shall be bored or tunneled under the roots using an auger or drill, rather than trenched, ro avoid root disturbance. Trenches will be located as far from the root protection . zone as possible. g. Should utility lines encroach within the tree protection zone, a single.. shared utility conduit shall be used where needed to avoid impacts to trees. I h. Roots exposed as it result of construction activities shall be covered with wet burlap to avoid desiccation and,shall be buried as soon as possible. i. Protection of existing native-tree root zones in areas where roadways may . compromise the health of the trees. j. Construction materials or heavy equipment shall not be stored within the root protection zone of existing trees, k. Construction materials shall be properly stored away from existing trees to avoid spillage or damage to tt'ee5. The tree protection plan shall be subject to review and approval by the PlaIU1ing Division, pri,or to approval of the firtal map. 6. A prlKonstruction breeding surveys for white-tailed kite, Cooper's hawk and long- eared owl shall be contracted for by the applicant and conducted during the breeding seuon by a 'lua1ified wildlife biologist. The breeding seasons for these species are as follows: February through July for white-tailed kite and long~ared owl, April through July for Cooper's hawk. If actlve nests are found, the applicant shall establish a temporary SOD-foot buffer around active nest sites within which no removal of vegetation,. construction activities, storage of construction materials or staging of equipment shall be permitted. until a qualified' wildlife biologist has determined. that the young have fledged. Pre-amstnlctUm sv.ror:ys would not be ~cesfillry if grading, tree removal and other actif1iti~ ~iring the 'US#! ofhelZUlJ ~ is not sche4uled between Felmuzry 1 - July 32_ Construction activities occurring during this time period are expected to avoid disturbances to these special status birds. '. Draft Negative Declaration TM 99-13 s 1012100 Once the prlK:onslrUction surveys are complete, the wildlife biologist shall prepare a written report of the findings and further recommendalions. The report shall be subject to review and approval by the Planning Division prior to commencement of cOIlStruction activities. 7. A pre-construction breeding survey for loggerhead shrike shall be contracted for by the applicant and conducted during the breeding season by a qualified wildlife biologist. The breeding season is from March 1- August 1. If active nests are found. the applicant shall establish a temporary 150-foot buffer around active nest sites within which no removal of vegetation. construction activities, storage of construction materials or staging of equipment shall be permitted, until a qualified wildlife biologist has determined that the young have fledged. P_amstru.ctitm S1lTt1e'yS Would nqt be nteeSSllTY if grading, tree rmwtIIU tmd other IlCtivities requiring & llSe ofhetzuy mJlChi1Iery tkes not OCClI.T between Mtur:h 1- Tilly 31. Construction activities occurring during this time period are expected to av.oid disturbances to the shrike. Once the pre-construction surveys. are complete, the wildlife biologist shall prepare a written report of the findings and further recommendations. The repOrt shall be subject to review .and approval by the Planning Division prior to commencement of construction activities. 8. A pre-construction survey for pallid bat roosts shall be contracted for by the applicant and conducted,by a qualified wildlife biologist prior to construction activities and during the period of March through October. If roost sites are found, consult with a bat specialist regarding the appropriate time to remove roost sites to avoid or minimize mortalities. If a roost site is determined to be occupied year-round and scheduling to avoid impacts is not possible, methods to removef displace bats prior to the remDVal of known roost sites should be implemented by a qualified bat specialist. In addition, an alternate roost site shall be constructed in the vicinity of the known roost site. The specifications of the location of the alternate roost and construction standards of the roost shall be determined by a bat specialist. Once the pre-construction surveys are complete, the wildlife biologist (or bat specialist) . shall prepare a written report of the findings and. further reconunendations. Pn- construction S1lTt1e'yS would not be nt""""'TJ! if grading, me remaval tmd other lICtivities . ~i.ring the llSe ofheJzuy m.mtnery is 7IDt schedllld betwml MRrch 1 - October 31. The report shall be- subject to review and approval by the City Planning Division prior to ccmunencement of construction activities. -' . '. Draft Negative Declaration TM 99-13 6 10/2/00 9. A pre<onstruction survey for homed larks shall be contracted for by the applicant and conducted by a qualified wildlife biologist during the breeding season. The breeding season is from March 1 through August 1. Establish a temporary lSo-feet buffer around active nest sites within which no removal of vegetation. construction activities, storage of construction materials or staging of equipment shall be pennitted, until a qualified wildlife biologist has determined that the young have fledged. . , Pre-amstntction surveys would tIDt be necess4T!J if grru1ing, tree mnwaI tmd other IICtivities requiring the use afhozvy machinery is not'sc:hedllled bdruten March 1 - Tilly 31. Construction activities scheduled during this time period are expected to avoid significant impacts to the horned lark. 10. A pre<onstruction survey for burrowing owls shall be contracted for by the applicant and conducted by a qualified wildlife biologist thirty days prior to the start of . development on Phase IV. If burrowing owls are present, passively rel~te (e.g., plug holes) the owls to an alternate on-site burrow at least 50 meters from an impact area. If nesting owls are present, the owls shall be relocated aftet a wildlife biologist has determined that the young have fledged. The alternate burrow shall be contiguous with a minimum. 6.5 acres of foraging habitat set aside as an on-site conservation easement per pair or single owL If on-site mitigation cannot be met, habitat shall be replaced off-site. The habitat shall be suitable for burrowing. ow Is and approved by CDFG. Replacement ratios for off-site mitigation are as follows: (a) 9-.75 acres of "occupied habitat" to replace "occupied habitat" lost per pair or single bird, (b) 13 acres of .contiguous habitat"to replace "occupied habita~' lost per pair or single bird, or (c) 19.5 acres of "potential habitat" to replace "occupied habitat" lost per pair or single bird. One natural or artificial bUl1'ow per each active burrow excavated shall be replaced on the conservation easement. Passive relocation involves installing one-way doors in burrow entrances. The relocation shall be monitored for one week to confirm use of alternate burrows. Original burrows shall be filled to prevent reuse. Once the pre-construction surveys are complete, the wildlife biologist shall prepare a written report of the findings and further recommendations. The report shall be subject to review and approval by the Planning Division prior to c:ominencement of construction activities. 11. Except for fire control maintenance practices necessitated by state and local agencies, oak tree and understory vegetation removal outside of the munediate periphery of building envelopes shall not.be permitted by homeowners, All future homeowners shall be notified of this limitation. This mitigation shall be enforced by the Planning Division. -. Draft Negative Declaration TM 99-13 7 10/2/00 12 Recreational vehicles and bicycles shall not be permitted in open space areas and conservation easements. The applicant shall post all-weather signs to indicate this restriction and shall barricade the periphery of such open space wherever it is needed and to uphold the intent of this mitigation. This mitigation shall be implelX\ented by the applicant, and enforced by the Planning Division. irrunecl.iately upon approval of the tentative map for the lot or lots that contain open space and conservation easements. 13. The applicant shall incorporate the use of street lighting ~ith opaque shields to reduce illwniIlation of the surrounding landscape. No lighting shall be directed towards open space areas and conservation easements. This measure is intended to reduce the adverse effects of night lighting on sensitive nocturnal wildlife. This measure shall be subject to review and approval by the Engineering Division. 14. Install wildlife crossing signs on project roads. This measure is intended to reduce mortalities to wildlife resulting from vehicular Inffic. Precise locations Shall be determine in consultation with a qualified wildlife biologist, subject to appr~val by the Engineering Division. Cultural Res0111'ees 15. Due to the possibility that significant buried cultural resources might be found during construction the following language shall be included any permits issued for the project site, including, but not limited to building permits for future development, subject to the review and approval of the Gilroy Planning Division;" If archaeological' resources or human remains are discovered during construction, work shall be halted at a minimum of 200 feet from the find and the area shall be staked off. The project developer shall notify a qualified professional archaeologiSt. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. . 16. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the CIty shall ensure that this language is included in all permits in accordance with ~QA Guidelines section lS064.5(e): If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Conunission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most Ukely descendent from the deceased Native American, The most Ukely descendent may then make recoaunendations to the landowner or the person responsiblE! for the excavation work, {or means of treating or disposing Draft Negative Declaration TM 99-13 I 10/2/00 of. with appropriate dignity, the human remains and aSsociAted grave goods as provided in Public Resources Code Section S097 .98. The landowner or his authorized representative sha1l rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance If: a) the Native American Heritage COmuUssion is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the coJI1IIlission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent. and the mediation by the Native American Heritage Commission fails to provide measUI'el; acceptable to the i_downer. Geology and Soils 17. The reCommendations in the February 11, 1999 geotechnical feasibility report for Phase ill shall be implemented by the developer. The recommendations address-site preparation and grading. foundatiON, slabs-on-grade and exterior flatwork, pavement sections, retauung walls, site drainage, utility trenches, and observation and testing. Hydrology and Water Quality 18. Preparation of a stonn drain plan for Phase m and Phase IV will be required. The design of all storm drainage improvements serving the project site shall be provided by the developer, subject to the review and approval by the Engineering Division, prior to the approval of final improvement plans. . 19. Applicants for development within the proposed project area will be required to submit a Notice of Intent (NO!) to the Central Coast RWQCB prior to obtainiRg a grading permit from the City. This permit wID require development and implementation of a Stonn Water Pollution Prevention Plan (SWPPP) that uses storm water HBest Management Practices. to control runoff, ~sion and sedimentation from the site. The SWPPP has two major objectives: (1) to help identify the sources of . sediments and other pollutants that affect the quality of storm water discharges; and (2) to describe and ensure the implementation of practices to reduce sediment and other pollutants in storm water discharges. The SWPPP must include Best Management Practices which addresslIOurce reduction and, If necl!SllaIY, shall include practices which require treatment. Integral to th~ NOI process is submittalof engineering designs. The SWPPP will be submitted to the Engineering Division for review and approval priorto illS11ing abuilding permit '. Draft Negative Dec:hnbon TM 99-13 . 9 Noise '. 10/2/00 20. The following language shall be included on any permits issued at the project site. subject to the.review and approval of the City of Gilroy Engineering Division. . All construction activities shall be limited to weekdays between 7:00 AM and 7:00 PM. and to Saturdays and City holidays between 9:00 AM and 7:00 PM, No constnic:tion is allowed on Sundays. In additioIl. temporary berms or noise attenuation barriers shall be utilized when necessary." Date PrepaRCl: 10/2/00 End of Rmew P~riod: 11/02/00 Date Adopted: WiIIiim Faus Planning Division M8IIIIger .' . Mitigation Monitoring Program Country Estates Residential Subdivision Phase ill ('I'M 99-13) and Phase IV . Introduction On January 1, 1989, the California State Legislature passed into law Assembly Bill 3180. This bill requires public agencies to adopt reporting or monitoring programs when they approve projects subject to an environmental impact report or a negative declaration that includes mitigation measures to avoid significant adverse environmental effects. The reporting or monitoring program is to be designed to ensure compliance with conditions of project approval during project implementation in order to avoid significant adverse environmental effects. The law was passed in response to historic non-implementation of mitigation measures presented in environmental documents and subsequently adopted as conditions of project approval. In addition, monitoring ensures that mitigation measures are implemented and thereby provides a mechanism to evaluate the effectiveness of the mitigation measures. A definitive set of project conditions would include enough detailed information and enforcement procedures to ensure the measure's compliance. This monitoring program is designed to provide a mechanism to ensure that mitigation measures and subsequent conditions of project approval are implemented. Monitoring Program The basis for this monitoring program is the mitigation measures included in the initial study I negative declaration. These mitigation measures are designed to eliminate or reduce significant adverse environmental effects to levels of insignificance. These mitigation measures become conditions of project approval which the project proponent is required to complete during and after implementation of the proposed project The attached checklist is proposed for monitoring the implementation of the mitigation measures. This monitoring checklist contains all appropriate mitigation measures in the initial study I negative declaration. . Mitisrllficm McmitorinK Prosrram Cormtry Estates PIuues m tmd w Monitoring Program Procedures It is required that the Oty of Gilroy use the attached monitoring checklist for the proposed project The monitoring program should be implemented as follows: i 1. - The City of Gilroy Planning Division should be responsible for coordination of the monitoring program, including.the monitoring checklist The Planning Division should be responsible for completing the monitoring checklist and distributing the checklist to the responsible individuals or agencies for their use in monitoring the mitigation measures. 2. Each responsible individual or agency will then be responsible for determining whether the mitigation measures contained in the monitoring checklist have been complied with. Once all mitigation measures have been complied with, the responsible individual or agency should submit a copy of the monitoring checklist to the City of Gilroy Planning Division to be placed in the project file, If the mitigation measure has not been complied with, the monitoring checklist should not be returned to the Planning Division. 3. Prior to issuance of an occupancy permit,. the Planning Division should review the checklist to ensure that all mitigation measures and additional conditions of project approval included in the monitoring checklist have been complied with. An occupancy permit should not be issued until all mitigation measures and additional conditions of project approval included in the monitoring checklist have been complied with. 4. If a responsible individual or agency determines that a non-compliance has OCCUlTed, a written notice should be delivered by certified mail to the project proponent within 10 days, with a copy to the Planning Division, describing the non-compliance and requiring compliance within a specified period of time. If a non-compliance still exists at the expiration of the specified period of time, construction may be haIted and fines may be imposed at the discretion of the City of Gilroy: MMP-2 EMC Pltmning Group Inc. EMC Plmming G""", bu:. MMP-3 CDll1fhI/ Estata britial study Mitig/ltlon Morritori1rg Progmm Phase m Mitigation Measures -Final Map Prior to approval of the Final Map for Phase IlL the following mitigation measures shall be implemented: MMI# Nature of Mitigation Party Party - ResponstDle for Responsible Implementation for Monitoring 3. The applicarit shall prepare plans for the design of all Applicant aty retaining walls over four feet high with each phase of the Engineering project. Retaining walls for roadways shall be Division constructed of keystone and be designed to blend in with its surroundings. Retaining walls on individual lots shall include a modular, or terracing design to break up the appearance of a high retaining wail As this terracing design would require more space than one single waD, building pads will be located so as to accommodate the terraced retaining walls. AU retaining wall designs will require landscaping to assist in blending in with the surrounding natural environment. Landscaping shall be completed at the time of retaining wall construction. The retaining wall plans, for each phase, shall be subject to review and approval by the City of Gilroy Planning Division, prior to approval of the final map for each phase. MMP-4 EMC Planning Group bu:. MitigtJtimJ Mvnib>,ing 1'"),,,,_ Cmmtry EstaUs PIulsn m and IV 5. For each phase, the applicant shall have a revegetation Applicant City Planning plan and monitoring program prepared consistent with Division CDFG requirements regarding oak habitat protection. The revegetation plan and monitoring program shall be prepared and implemented by a certified arborist, subject to review and approval by CDFG and the Gilroy . Planning DivisiOn. and shall include the following measures: , a. For each acre of oak habitat lost through development of the site, an appropriate number of acres of oak woodland habitat shall be preserved on-site. This number of acres shall be determined in consultation with the CDFG. b. For each individual significant oak tree lost, as defined by the City's Consolidated Landscape Policy (six inches in diameter or greater as measured 4.5 feet from the ground), the project site shall be revegetated at a three to one replacement ratio. TranSplanting the oak saplings lost, as identified aboVe, may be implemented as part of the revegetation plan, if deemed feasible by the certified arborist. The revegetation plan and monitoring program shall be approved by CDFG and the Planning Division prior to approval of the final map for each applicable I ;'hase of the. . Cmmfry Estates JJritUlI study MitiglJtion Munitu. jq( Program 8. The applicant, for each phase of the proposed project, Appliamt Oty Planning shall contract with a qualified arborist to prepare a tree Division pro!l!ction plan which shall include, at a minimum.. the following components. a. During the preparation of more detailed grading and improvement plans. the project design team will work with the City of Gilroy Engineering Division staff and the project geotechnical consultant to identify and imp1ement engineering and infrastructure related alternatives in an effort to reduce grading and preserve existing trees. b. All construction activity (grading. filling. paving. and landscaping) shall respect a root protection zone (RPZ) around all trees with 6-inch diameter and greater as measured 4.5 feet above average ground. The RPZ shall be a distance of 1.0 times the dripJine radius measured from the trunk of the tree. Exceptions to this standard could be considered on a case-by-case basis provided that it is demonstrated that an encroachment into the RPZ will not affect the root system or the health of the tree, and it is authorized by an arborlst or tree specialist. c. Temporary pro!l!ctive fencing shall be installed around the dripline of existing trees prior to commencement of any earthwork activities conducted within a sufficient distance from the tree's canopy, as deti!rmined by the arboris!:. The fencing shall be clearly marked to prevent inadvertent encroachment by machinery. Fencing shall be staked with steel posts and shall be at least four feet high and of a bright color (red or yellow). d. Run-off will not be allowed to pond around the base of any tree. e. An arborist or qualified tree specialist shall be remined to perform any necessary pruning of native trees during construction activity. f. Trenches which are required within the root RPZ of existing native trees shall be bored or tunneled under the roots using an auger or drilL rather than trenched, to avoid root disturbance. Trenches will be located as far from the root protection zone as possible. g. Should utility 1ines encroach within the tree protection zone, a single, shared utility conduit shall be used where needed to avoid impacts to trees. h. Roots exposed as a resuIt of construction activities shall be covered with wet burlap to avoid desiccation and shall be buried as soon as possible. i I'rollection of exislinl!' native tree root zones in EMC Planning Group brc. MMP-5 MMP-6 EMC Plmming Group 11lC. MitiJ(IItitmM~m...by,; PrDR1Wd Countn{ Est.ms PIuIses m tmd IV areas where roadways may compromise the bea1th of the trees. j. Construction materials or heavy ElqUipment shall not be stored within the root protEction zone of existing trees. k. Construction materials shall be properly stored away from existing trees to avoid spillage or damage to trees. 1betree protection plan shall be subject to review and approval by the Planning Division, prior to a oval of the finaI ma . 16. The applicant shall incorporate the use of street . lighting with opaque shields to reduce illumination of the sunounding landscape. No lighting shall be directed towards open space areas and conservation easements. This measure is intended to reduce the adverse effects of night lighting on'sensitive noctumaI wildlife. This 'measure shall be subject to review and approval by the Enltineerin2 Division. 17. Install wildlife crossing signs on project roads. This Applicant City measure is intended to reduce moIta1ities to wildlife Engineering resulting from vehicular traffic. Precise locations shall Division be determine in consultation with a qualified wildJjfe biologist. subject to approval by the Engineering Division. 18. Due to the possibility that significant buried cultural Applicant CityPIanning resources might be found during construction the' Division following language shall be incInded any permits issued for the project site. incInding. but not limited to building permits for future development, subject to the review and approval of the Gilroy Planning Division: H archaeological resources or human remains are discovered during construction. work shall be halted at a minimum of 200 feet from the find and the area shall be staked off. 1be project developer shall notify a quaIified professional archaeologist. H the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. EMC PLuming Group brc. MMP-7 CtnIIfl7y EsfIlta britial StJulr( Mitigation Mtmitorin1( Pro1(ram 19. In the event of an accidental discovery or recognition Applicant Gty Planning of any human remains in any location other than a Division dedicated cemetery, the City shaII ensUre that this language is included in all permits in accordance with CEQA Guidelines section 15064.5(e): H human remains are fowtdduring ronstrw:tion there shall be no further excavation or disturban!:e of the site or any nearby area reasonably suSpected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. H the coroner determines. the remains to be Native American the coroner shall contad: the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most Iikely descendent ~L) from the deceased Native American. The MOL may then make recommendations to the landowner or the person responsible for the excavation work. for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with &1'1',op,iate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MOL or the MOL failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the MOL, and the mediation by the Native American Heritage Commission fails to provide measures ble to the landowner. 20. The recommendations in the February 11, 1999 Applicant ~ geotechnical feasibility report for Phase ill shall be Engineering implemented by the developer. 'The Division recommendations address site preparation and grading, foundations, slab&-on-grade and exterior fIatwork. pavement sections, retaining walls, site draina2e, utiIitv trenches, and observation and . 22. Preparation of a storm drain plan for Phase ill and Applicant Gty Phase IV will be required. The design of all storm Engineering drainage improvements serving the project site shall Division be provided by the developer, subject to the review and approval by the Engineering Division, prior to the approval of final imorovement l)Ians. MitigatUmMtmitorillg PrOJl'''''' CounI:n, Esblta PIuIus m tmd IV Phase IT Mitigation Measures-Building Permit' Prior to issuance of a Building Permit for Phase m, the following mitigation measures shall be implemented: MM' Nature of Mitigation Party party - Responst"ble for Responsible Implementation for Monitoring 1. Applicants for development of homes on lots 40, 41, 42.- Applicant City Planning 44,45,47,48,49, SO, 51 and 52 shall stake and flag the Division outline of the proposed structure to determine if construction of the home would result in a silhouette against the skyline, as viewed from the valley floor. The staking and flagging shall be subject to review and approval by the City of Gilroy Planning Division and architectural review board prior to approval of architectural and site review, in accordance with the provision of the City of Gilroy Zoning Ordinance, Section 9.32 regarding building visibility and height requirements. MMP-8 EMC PUmning Group lru:. EMC Planning Group bit:. MMP..9 Cmmtr!I EstAtes britUd Study Mitigation MtmitoriJJg Pro1(TImI 4- The following control measures shall be incorporated AppIiamt City Building into any permits issued for the proposed project Division a. Water all active construction areas at Jeast twice daily or more often as needed to prevent dust from becoming airborne and leaving the site. b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to ri1aintain at Jeast two feet of freeboard. c. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. d. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites. e. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. f. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more). g. Enclose, cover, water twice daily or apply (non- toxic) soil binders to exposed stockpiles (diJt.sand, etc.) h. Limit traffic speeds on unpaved roads to 15 mph. i. Install sandbags or other erosion control measures to prevent silt runoff to public roadways. j. Replant vegetation in disturbed areas as quickly . as . Ie. MMP-I0 EMC Plmtning Group Inc. MitigIZtUmMunitu'~ 1'rognrm CtnmtrI/ Estata PIuues m and IV 23. Applicants for development within the proposed Applicant City project area will be required to submit a Notice of Engineering Intent (NOr, to the Central Coast RWQCB prior to Division obtaining a grading permit from the City. This permit will require development and implementation of a Storm Water Pollution Prevention PIan (SWPPP) that . uses storm water uBest Management Practicesu to control runoff, erosion and sedimentation from the site. The SWPPP has two major objectives: (1) to. help identify the sources of sediments and other pOllutants that affect the quality of storm water clischarges; and (2) to describe and ensure the implementation of practices to reduce sediment and other pollutants in storm water clischarges. The 5WPPP must include Best Management Practices which address source reduction and, if necessary, shall include practices which require treatment. Integral to the NO! process is submittal of engineering designs. The 5WPPP will be submitted to the Engineering Division for review and approval prior to issuinll a buildin.. I 24- The fonowing language shall be included on any Applicant City Planning permits issued at the project site, subject to the review Division and approval of the City of Gilroy Engineering Division. . All construction activities shall be limited to . weekdays between 7:00 AM and 7:00 PM, and to Saturdays and City holidays between 9:00 AM and 7:00 PM. No construction is allowed on Sundays. In addition, temporary berms or noise attenuation barriers shall be utilized when nee..........".. ~c Plimning Group bu:. MMP-l1 Ctnmtry Esf4tn lnitilllStJuly Mitigtltitm Monitoring Program Phase m Mitigation Measures-ConstructiOn Activities Prior to Construction Activities for Phase In, the following mitigation measures shall be implemented: MM' Nature of lof"mSl'tion Party Party Responsible for Responsible Implementation for MonitorinK 9. A pre-construction breeding surveys for white-tailed Applicant City PJanning kite, Cooper's hawk and long-eared owl shall be Division contracted for by the applicant and conducted during the breeding season by a qualified wildlife biologist. The breeding seasons for these species are as foUows: February through July for white-tailed kite and long- eared owl, April through July for Cooper's hawk. If' active nests are found, the applicant shall establish a temporary 500-foot buffer around active nest sites within which no removal of vegetation, construction activities, storage of construction materials or staging of equipment shall be permitted, until a qualified wildlife biologist has determined 1hat the young have fledged. Pre-amstructicm surveys would not be necessary if grading, tree removal and other adiuities requiring the use ofhemJy machinery is not scheduled between February 1- July 31. Construction activities occurring during this time period are ""t""'ted to avoid disturbances to these special status birds. Once the pre-construction surveys are complete, the wildlife biologist shall prepare a written report of the findings and further recommendations. The report shall be subject to review and approval by the Planning Division prior to commencement of construction activities. MitigatiD1l Mcm:itDring PJ<w- Country Est4tes P1uues m and IV .10. A pre-construction breeding survey for loggerhead Applicant Gty Planning sluike shall be contracted for by the applicant and Division conducted during the breeding season by a qualified wildlife biologist. The breeding season is from March 1- August 1. If active nests are found, the applicant shall establish a temporary ISO-foot buffer around - active nest sitEs within which no removal of vegetation, i construction activities, storage of construction materials or staging of equipment shall be permitted, until a qualified wildlife biologist has detemiined that the young have fledged. PTe-constructio surveys would not be neassary if grading, tree mnOlJll1 and other actiTJities requiring the use ofhemJy macJrinery does not occur between March 1- JIIly 31. Construction activities occurring during this time period are e..pected to avoid disturbances to the shrike. Once the pre-construction surveys are . complete, the wildlife biologist shall prepare a written report of the findings and further recommendations. The report shall be subject to review and approval by the Planning Division prior to commencement of construction activities. 11. A pre-construction survey for pallid bat roosts shall be Applicant GtyPlanning contracted for by the applicant and conducted by a Division qualified wildlife biologist prior to construction activities and during the period of March through October. If roost sitEs are found, consult with a bat specialist regarding the appropriate time to remove roost sitEs to avoid or minimize mortalilies. If a roost site is determined to be occupied year-round and scheduling to avoid impacts is not possible, methods to remove/ dmpIace bats prior to the removal of known roost sitEs should be implemented by a qualified bat specialist. In addition. an alternate roost site shall be constructed in the vicinity of the known roost site. The specifications of the location of the alternate roost and construction standards of the roost shall be determined by a bat SF'"J;"':. Once the pre-construction surveys are complete, the wildlife biologist (or bat specialist) shall prepare a written report of the findings and further recommendations. Pre-amstruction surveys would not be 1U!cessary if grading, tree mnOlJll1 and other activities requiring the use ofhemJy machinery is not scheduled between March 1 - October 31. The report shall be subject to review and approval by the City P1anning Division prior to commencement of construction activities. MMP-12 'EMC Planning Group Inc. EMC P/Jmning Grtnlp btc. MMP -13 CmDrtry Estata britUd SbuIy MitigatUm Monitoring Prosrr- 12. A pre-construction survey for homed larks shall be Applicant OtyPlarming rontraded for by the applicant and conducted by a Division qualified wildlife biologist during the breeding season. The breeding season is from March 1 tl1rough August 1. Establish a teinporary 150-feet buffer around active nest sites within which no removal of vegetation. construction activities, storage of construction materials or staging of equipment shall be permitted. until a qualified wildlife biologist has determined that the young have fledged. Pre-amstruction suroeys would not be necessary if grading, tree removal and ather actiuities . requiring the use afheavy machinery is not scheduled between March 1 - July 31. Construction activities scheduled during this time period are expected to avoid si .. t impacts to the homed lark. ~ MMP-14 EMc; PLrnning Group brc. MitigtltiDnMunib"hox PI"",_ri Cormby EstIltes Phases m IIIId IV c . 13. A I',e-construction survey for burrowing owls shall be AppliCant City Planning rontrac:ted for by the applicant and conducted by a Division qualified wildlife biologist thirty days prior to the start of development on Phase IV. If burrowing owls are present, passively relocate (e.g., plug holes) the owls to an alternate on-site burrow at least 50 meters from an .- impact area. If nesting owls are present. the owls shall be relocated after a wiIdIife biologist has determined , that the young have fledged. The alternate burrow . shall be contiguous with a minimum 6.5 acres of foraging habitat set aside as an on-site conservation easement per pair or single owl If on-5ite mitigation cannot be met, habitat shall be replaced off-site. The habitat shall be suitable for burrowing owls and approved by CDFG. Replacement ratios for off-site mitigation are as fonows: (a) 9.75 acres of 'occupied habitat" to replace 'occupied habitat" lost per pair or single bird, (b) 13 acres of 'contiguous habitat" to replace 'occupied habitat" lost per pair or single birlL or (c) 19.5 acres of 'potential habitat" to replace 'occupied habitat" lost per pair or single bird. One natural or artificial burrow per each active burrow excavated shall be replaced on the conservation easement. Passive relocation involveS installing one-way doors in burrow entrances. The relocation shall be monitored for one week to confirm use of alternate burrows. Original burrows shall be filled to prevent reuse. Once the pre-construction surveys are complete, the wildlife biologist shall prepare a written report of the findings and further recommendations. The report shall be subject to review and approval by the Plarming Division prior to commencement of construction activities. 14- Except for fire control maintenance practices Applicant OtyPlanning necessitated by state and 10caI agencies, oak tree and Division understory vegetation removal outside of the immediate periphery of bullding envelopes shall not be permitted by homeowners. AD future homeowners shall be notified of this limitation. This mitigation shall be enforced bv the PIannin". Division. Cmmtry EstIItes Initial Study MitillllfUm Mcmitu. "oIlProllrtzm Phase IV Mitigation Measures-Tentative Map Prior to approval of the Tentative Map'for Phase IV, the following mitigation measures shall be implemented: MM' Nature of Mitigation . Party Party - Responsible for Responsible Implementation for Monitoring 2. Future tentative map submittals shall include a view Applicant Oty Planning profile exhJ.Dit of all proposed lots within 100 vertical Division feet of the crest of a ridge. The view profile exhibit shaIl be accompanied by a tree removal exhibit. The City of Gilroy Planning Division shaIl identify all lots with the potential for ridge1ine development. Lots identified by City of Gilroy Planning Division as having the pobeutial for ridge1ine development shaIl . be subject to the following mitigation measure: Applicants for development of homes on lots identified by the City of Gilroy Planning Division as having the potential to result in ridge1ine development shall stake and flag the outline of the proposed structure to determine if construction of the home would result in a silhouette against the skyline, as viewed from the valley floor. The staking and flagging shall be subject to review and approval by the City of Gilroy Planning Division prior to approval of architectural and site review, in accordance with the provision of the City of Gilroy Zoning Ordinance, Section 9.32 regarding building visibility and height Is. 6. Design future phases of the project in consultation Applicant Planning with a wildlife biologist in order to help maintain the Division biological integrity of the oak woodlands habitat on the remaining lots. Future phases shaIl minimize oak habitat loss and fragmentation to the greatest extent poSSl'ble by: clustering residential sites; maintaining the continuity of drainages and large areas of oak woodlands through the establishment of open space areas and/or conservation easements; designing conidors of undeveloped habitat that will avoid the aeation of isolated habitat islands by linking open space and other protected areas; and designing habitat linkages to accommodate wildlife immigration from off-site habitats and emilO'B-tion to off-site habitats. EMe Plimning Grtnlp brc. MMP -15 MMP-16 EMC PLmning GrT1Up 1m:. Mitigation Morritorinsl 1')"".- COUIItnI Esmtes PIuIsa m tmd IV 1. The applicant shall prepare and submit a tree removal Applicant Oty PlanrDng exhibit: indicating the pIOposed removal of oak trees Division six indies and t,tea:ter in diameter. The tree removal exhibit shall be and stibmitll!d along with tentative map applications for Phases m and N. subject to ~ bv the Cih.' . Division. , . 15- Recreational vehicles and bicycles shall not be Applicant Oty Planning permitted in open space areas and conservation Division easements. The applicant shall post all-weather signs to indicate this restriction and shall barricade the periphery of such open space wherever it is needed and to uphold the intent of this mitigation. This mitigation shall be implemented by the applicant, and enforced by the Plarming Division, immediately upon approval of the tentative map for the lot or lots that contain 0 and conservation easements. 21. Prior to approval of the tentative map.for Phase N, Applicant Oty the applicant shall contract with a qualified Engineering geotechnical engineer for preparation of a Division geotedmical feasibility report. Recommendations contained in that geotechnical feas1Dility report shall be implemented with construction of Phase N. Cormlt'y Estates britial stwlli Miti!(tl.tion Monitoring Program Phase IV Mitigation Measures-FinalMap Prior to approval of the Final Map for Phase IV, the following mitigation measures shall be implemented: MM' Nature of Mitigation Party Party Responsible for Resp011S1Dle Implementation for Monitoring 3. The applicant shall prepare plans for the design of all Applicant City retaining walls over four feet high with each phase of Engineering the project. Retaining walls for roadways shall be Division constructed of keystone and be designed to blend in with its surroundings. Retaining walls on individual lots shall include a modular, or terracing design to break up the appearance of a high retaining waIL As this terracing design would require more space than one single wall, building pads will be located so as to accommodate the terraced retaining waDs. All retaining wall designs will require landscaping to assist in blending in with the surrounding natural environment. Landscaping shall be completed at the time of retaining wall construction. The retaining wall plans, for each phase, shall be subject to review and approval by the City of Gilroy Planning Division. prior to armrovaI of the finaI man for each Dhase. EMC Plmrning Grtnlp bit:. MMP-17 Mitigllfitm MarritoriIt1C Pro,mrm CauntnI Esmtes P1uues m mul IV 5. For each phase, the applicant shall have a revegetation App1iamt Oty Planning plan and monitoring program prepared consistent with Division CDFG requirements regarding oak habitat protection. The revegetation plan and monitoring program shall be prepared and implemented by a certified arborist. subject to review and approval by CDFG and the . Gi1roy PIarming Division. and shall include the following measures: a. For each acre of oak habitat lost through development of the site, an appropriate number of acres of oak woodland habitat shall be preserved on- site. This number of acres shall be detennined in consultation with the CDFG. b. For each individual significant oak tree iost as defined by the City's Consolidated Landscape Policy , (six inches in diameter or greater as measured 4.5 feet from the ground), the project site shall be revegetated at a three to one replacement ratio. Transplanting the oak saplings lost, as identified above, may be implemented as part of the revegetation plan. if deemed feastble by the certified arOOrist. The revegetation plan and monitoring program shall be approved by CDFG and the Planning Division prior to approval of the final map for each applicable Dhase of the oroiect. 8. The applicant. for each phase of the p.oposed project. Applicant OtyP!anning shall contract with a qualified arOOrist to prepare a tree Division protection plan which shall include, at a minimum. the following components. a. During the preparation of more det3i1ed grading and improvement plans, the project design team. will work with the City of Gi1roy Engineering Division staff and the project geotechnical consultant to identify and implement engineering and infrastructure related alternatives in an effort to reduce grading and preserve existing trees. b. All construction activity (grading, filling, paving, and landscaping) shall respect a root p' olection zone (RPZ) around an trees with l>-inch diameter and greater as measured 4.5 feet above average ground. The RPZ shall be a distance of 1.0 times the dripline radius measured from the trunk of the tree. Exceptions to this standard could be considered on a case-by-case basis provided that it is demonstrated that an encroachment into the RPZ will not affect the root system or the health of the tree, and it is authorized by an arborist or tree specialist. Co Tem fendnll shall be installed MMP-18 EMC PlImning Group bu;. CotmtnI Estates lnifiGl strub! Mitigation Mcmitoring I'rogram around the dripline of existing trees prior to commencement of any earthwork activities conducted within a sufficient distance from the tree's canopy, as determined by the arborist. The fencing shall be clearly marked to prevent inadvertent encroachment by machinery. Fencing shall be staked with steel posts and shall be at least four feet high and of a bright color (red or yellow). d. Run-off will not be allowed to pond around the base of any tree. e. An arborist or qualified tree specialist shall be retained to perform any necessary pruning of native trees during construction activity. f. Trenches which are required within the root RPZ of existing native trees shall be bored or tunneled under the roots using an auger or drill, rather than . trenched, to avoid root disturbance. Trenches will be located as far from the root protection zone as possible. g. Should utilitjr lines encroach within the tree protection zone, a single, shared utility conduit shall be used where needed to avoid impacts to trees. h. Roots exposed as a result of construction activities shall be covered with wet burlap to avoid desiccation and shaIl be buried as soon as possible. i Protection of existing native tree root zoneS in areas where roadways may compromise the health of the trees. j. Construction materials or heavy equipment shall not be stored within the root protection zone of existing trees. Ie. Construction materials shall be properly stored away &om existing trees to avoid spillage or damage to trees. The tree protection plan shall be subject to review and approval by the Planning Division. prior to approval of the final maD. 16. The applicant shall incorporate the use of street Applicant City lighting with opaque shields to reduce illumination of Engineering the surrounding landscape. No lighting shall be Division directed towards open space areas and conservation easements. This measure is intended to reduce the adverse effects of night lighting on sensitive noctumaJ wildlife. This measure shall be subject to review and a I bv the _. . Division. EMC Plamring Graup brc. MMP - 19 MMP-20 EMC Plmrning Group bu:. MitiglltimcMonttoring P,~....t CtnIIItry EstIrtes P1ulsa m tm4 IV 17. Install wildlife crossing signs on p.oje:t roads. This Applicant City measure is intended to reduce mortalities to wildlife Engineering resulting from vehicular traffic. Precise locations shall Division be determine in consultation with a qualified wildlife biologist. subject to approval by the Engineering Division. 18. Due to the possibility that significant buried cultural Applicant City Planning resources might be found during constructiO~ the Division fonowing language shall be included any permils issued for the project site. including, but not limited to building permits for future development. subject to the review and approval of the Gilroy Planning Division: If archaeological resources or human remains are discovered during construction, work shall be halted at a minimum of 200 feet from the find and the area shall be staked off. The project developer shall notify a qua1ified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. CountnJ EsfIztu britial StwJy Miti1llJfion Monitoring PtogTlZm . 19. In the event of an accidental discovery or recognition App1icant City Planning , of any human remains in any location other than a Division dedicated cemetery, the Oty shaI1 ensure that this language is included in all permits in accordance with CEQA Guidelines sectiqn 15064.5(e): If human remains are found during construc:tion there shaI1 be no further excavation or disturbance of the site or any nearby area reasonably Sl>Spec:ted to overlie adjacent human remains until the coroner of Santa Oara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines,the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. 1he Native American Heritage Commission shall identify the person or persons it believes to be the most like1y descendent (MOL) from the deceased Native American. 1he MOL may then ~ recommendations to the landowner or 1he person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and assod~ted grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with ayy.opliate dignity on the y.operty in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MOL or the MOL failed to make a'recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the MOL, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. 22. Preparation of a storm drain p~ for Phase ill and App1icant City . Phase IV will be required. The design of all storm Engineering drainage improvements serving the project site shaI1 be Division provided by the developer, subject to the review and approval by the Engineering Division, prior to the aDOroval of final improvement nlans. EMC Pltmning Grtnq1 1m:. MMP-21 MitiJ(tztitm MorritDrinJ( ProJ(llam Countrv EstIzta P1uJsa m tm41V Phases IV Mitigation Measures - Building Permit Prior to issuance of a Building Permit for Phase IV the following mitigation measures shall be implemented: MM' Nature of Mitigation Party Party llespons1"ble for Responsible Implementation for Moni . 4- The followiI.g control measures shaD be incorporated Applicant City Building into any permits issued for the proposed project Division a. Water all active construction areas at least twice daily or more often as needed to prevent dust from becoming'airbome and leaving the site. b. Cover all trucks hauling soiL sand, and other loose materials or require all trucks to maintain at 1east two feet of freeboard. c. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. d. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites. e. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. f. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more). g. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt. sand, etc.) h. Limit traffic speeds on unpaved roads to 15 mph. i. Install sandbags or other erosion control measures to prevent silt, runoff to public roadways. j. Replant vegetation in disturbed areas as ouic1dv as Ie. MMP-22 EMC Planning Group 1nc. EMC Pltmning Gff1IlP brc. MMP - 23 CormtnJ Estms britW Studli Mitigation Mtmitorillg Program 23. Applicants for development within the proposed App!icantll City project area will be required to submit a Notice of Engineering Intent (NOl) to the Central Coast RWQCB prior to Division obtaining a grading permit from the City. This permit will require development and implementation of a Storm Water Pollution Prevention Plan (SWPPP) that uses storm watEr -Best Management Practices- to control runoff, erosion and sedimentation from the site. The SWPPP has two major objectives: (1) to help identify the sources of sediments and other pollutants that affect the quality of storm water discharges; and (2) to describe and ensure the implementation of practices to reduce sediment and other pollutants in - storm water discharges. The SWPPP must include Best . Management Practices which address source reduction and, if necessary, shall include practices which require treatment Integral to the NOI process is submittal of engineering designs. The SWPPP will be submitted to the Engineering Division for review and approval prior to issuin.. a buildin . 24. The following language shall be included on any Applicant City Planning permits issued at the project site, subject to the review Division and approval of the City of Gilroy Engineering Division. . All construction activities shall be limited to weekdays between 7:00 AM and 7:00 PM, and to Saturdays and City holidays between 9:00 AM and 7:00 PM. No construction is allowed on Sundays. In addition. temporary berms or noise attenuation barriers shall be utilized when . ."' ~.. MMP-24 , EMC Plimning Group bu:. MitigIltUmMcmit4.inx Prognl>" Cmmln/ EsftIta PIuues m tmd IV Phase IV Mitigation Measures-Construction Activities Prior to Construction Activities for PhaseS IV, the following mitigatiol} measures shall be implemented: Mltfl Nature of Mitigation Party Party RespoDll1"le for Responsible , Implementation for , Monitoring 9. A pre-<:onstruction breeding surveys for white-tailed Applicant City Planning kite, Cooper's hawk and long-eared owl shall be Division contracted for by the applicant and conducted during the breeding season by a qualified wildlife biologist. The breeding seasons for these species are as follows: February through July for white-tailed kite and long- eared owl. April through July for Cooper's hawk. If active nests are found, the applicant shall establish a lcu'p".ary 500-foot buffer around active nest sites . within which no removal of vegetation. construction activities, storage of construction materials or staging of equipment shall be permitted, until a qua1ified wildlife biologist has determined that the young have fledged. Pre-construction surueys would not be necessary if grading, tree mnwal and other activities requiring the use ofheauy machinery is not scheduled between February 1- July 31. Construction activities occuning during this time period are apected. to avoid disturbances to these speciaI status birds. .. Once the pre-<:onstruction surveys are complete, the wildlife biologist shall prepare a written report of the findings and further recommendations. The report shall be subject to review and approval by the Planning Division prior to commencement of construction activities. Country EstIzta ImtUd stJul!l Mitigation Mcmitoring ProRJ- 10. A pre-construct:i breeding survey for loggerhead App1icant atyP1anning shrike shall be contracIed for by the applicant and Division conducted during the breeding season by a qualified ' wildlife biologist. The breeding season is from March I-August 1. H active nests are found, the applicant shall establish a temporary lSO-foot buffer around active nest sites within which no removal of vegetation, construction activities, storage of construction materials or staging of equipment shall ~ permitted, until a qualified wildlife biologist has determined that the young have fledged. Pre-amstructicm surveys would not be necessary if grading, tree remt11Jal and other activities requiring the use ofheaoy machinery does not occur between " March 1 - July 31. Construction activities occurring , during this time period are ""Fled to avoid disturbances to the shrike. ' Once the pre-construction surveys are complete, the wildlife biologist shall prepare a written report of the findings and further recommendations. The report shall be subject to review and approval by the Planning Division prior to commencement of construction activities. 11. A pre-construction survey for pallid bat roosts shall be Applicant aty Planning contracted. for by the applicant and conducted by a Division qualified wildlife biologist prior to construction activities and during the period of March through October. H roost sites are found, consult with a bat specialist regarding the appropriate time to remove roost sites to avoid or minimize mortalities. H a roost site is determined to be occupied year-round and , scheduling to avoid impacts is not possible. methods to remove/ displace bats prior to the removal of known roost sites should be implemented by a qualified bat specialist. In addition, an alternate roost site shall be constructed in the vicinity of the known roost site. The specifications of the location of the alternate roost and construction standards of the roost shall be determined by a bat specialist. Once the pre-construction surveys are complete, the wildlife biologist (or bat specialist) shall prepare a written report of the findings and further recommendations. Pre-construction surveys would not be necessary if grading, tree mnO'DtlI and other activities requiring the use ofheauy machinery is not scheduled, between March 1 - October 31. The report shall be . subject to review and approval by the City Planning l' Division prior to commencement of construction activities. EMC Plamring Group 1m:. MMP - 25 Mitigation Mu.dt...b.if J'roR.- Coutrby Estates P1uIsn m tm4 IV 12. A pre-construction survey for homed larks shall be Applicant City PJanning contracted for by the applicant and conducted by a Division qn~HfiP<l wildlife biologist during the breeding season. The breeding season is from March 1 through August 1. Establish a temporary l~feet buffer around active nest sites within which no removal of vegetation, construction activities, storage of constrw:l:ion materials 01' staging of equipment shall be permitted, until a qualified wildlife biologist has detertnined that the young have fledged. Pre-construdion SUn;l,ys would net be nece5SllT)I if grading, tree remoual and other tJCtivities requiring the use ofheauy 1IIIldtii1ny is not scheduled , between March 1 - July 31. Construction activities scheduled during this time period are ""peeled to avoid si2I1ificant imnacts to the horned lark. , .!.-- MMP-26 EMC Planning Grrnq1 Inc. CtnlIItnf EstJJtes InitiIIl Stlull/ Mitigation MtmitoriJJg J'roKram 13. A pre-construction survey for burrowing owls shall be Applicant Oty Planning contracted for by the applicant and conducted by a Division qualified wildlife biologist thirty days prior to the start of development on Phase IV. If burrowing owls are present, passively relocate (e.g., plug holes) the owls to an alternate on-site burrow at 1east 50 meters from an impact area. If nesting owls are present, the owls shall be relocated after a wildlife biologist ~ determined , that the young have fledged. The altemat!! burrow shall be contiguous with a minimum 6.5 acres of foraging habitat set aside as an on-site conservation easement per pair or single owL If on-site mitigation cannot be met, habitat shall be replaced off~ The habitat shall be suitable for burrowing ow approved by CDFG. Replacement ratios for off-site mitigation are as follows: (a) 9.75 acres of 'occupied habitat' to replace "occupied habitat' lost per pair or single bird, (b) 13 acres of "contiguous habitat" to replace 'occupied habitat' lost per pair or single bird, or (c) 19.5 acres of 'potential habitat' to replace 'occupied habitat" lost per pair or single bird. One natura! or artificial burrow per each active burrow excavated shall be replaced on the conservation easement. Passive relocation involves installing one-way doors in burrow entrances. The relocation sha1I be monitored for one week to confirm .. use of alternate burrows. Original burro~ be filled to prevent reuse. Once the pre-construction surveys are complete, the wildlife biologist shall prepare a written report of the findings and further recommendations. The report shall be subject to review and approval by the Planning Division prior to commencement of construction activities. 14. Except for fire control maintenance practices Applicant Oty Planning necessitated by _ and local agencies, oak tree and Division understory vegetation removal outside of the immediate periphe1y of building envelopes shall not be permitted by homeowners. All future homeowners shall be ilotified of this Iimitation. This initigation shall be enforced bv the PIanninl!: Division. ',t' EMC Plmrning Group IJU:. MMP - 27 - -.-...- ~i' , TM99-13 8 EXHIBIT B 10/27/00 ....JJQ.: III addition, staff recommends that the following conditions of approval apply to this request: GENERAL 1. MITIGATION MEASURES #1 THROUGH #20. contained within the Negative Dcc1azation, shaD. be applied to the approval of the project in order to reduce and/or imtigate all potential .;S"ftllDt impacts to a level of insignificance, as required IIDl1er the California Environmental QuaIi1:y Act (CEQA). . 2. Unless this project is exempt from the application of the City~s Residential Dc:velopment Ordinance ("RDO". City Zoning Ordinance Sections 50.60 et seq.), DO bn11r1ing permit shaD. be issued in connection with this project if the owner or developer of sw:h development (i) is not in compliance with the RDO, any conditions of approval issued in c~tion with sw:h development ot othl:r City requirements applicable to sw:h development; or (D) is in de1il.ult UIlder any agreement entered into with the City in connection with such development purS1llll1t to the ROO. ' 3. Subdiviclcr shall defbJd, uw..mnify, and hold hmnless the City, its City COWlCiI, Planning Commission, agems, officers. and employees from any claim, action, or proceeding against the City or its City Council, Pllllllling Cornm;"qon, agCDts, officers, and employees to attack, set aside, ,void; or iIIlIlul an approval of the City, City Council, pl"nni"! Commission, or other board, advisory agency, or legislative body concemiog this subdivision. City will promptly notifY the subdivider of any claim, action, or proceeding agaiDSt it, IIIId will cooperate fiIlIy in the defense. This condition is imposed pursuant to California GovemmentCode Section 66474.9. 4. For each approved buiId-out year, the developer will be allowed to receive bnij,ling permits for individual homes in number corresponding direet.ly to the amount granted to the project by the City Council under the 1983 and 1992 allocations (RD 83-11 and RD 92-29), subject to the review and approval of the CoIIllIlUllity Development DepartmeIit. 5. Development of hillside lots, to include design layouts and sp~c site considerations, shaD. be addressed fWly within a required Architectural &: Site Review application from the CitY of Gilroy_ 6. All proposed retaining walls must be constructed of pemmnent materials sw:h as COl]l;I'Cte or masomy (modular system similar in type to keystone), subject to the review and approval of the CommuDity Development Department. 7. A deed restriction shaI1 be recorded on every parcel (intended for eonstnJction of single-family dwelling) that precludes the fiJture subdivision of the property ioto smaller parcels. ROADWAYS 8. All street n.uncs within the subject Tentative Map area shall be subject to review and approval by the City's S~ NlUIling Task Force. 9. An additional secondary access road to Highway 152 (Hecker Pass) may be required by subsequent phases, at the option of the City Coum;i1. EXHIBIT B 1M 99-13 9 10/27/00 '--;:<;>: 10. All coostrw:tion traffic related to grading and construction of tile public improvements shaD be limited to a temporary construction access road off'Banyan Street. No construction trafIic related to grading aDd cocsttuction of the public improvements sbal1 be allowed on Crest Hill Driw:. 11. The aligmnent mrthe extension of Crest Hill Way sbaIl be ~gned)n such a manner as to prevent the curvature of the roadway encroaching into the riparian corridor upon development of tile psrc:cl . directly to the north. FIRE SAFETY 12. A:n. all-weather access road, not less than 20 fCet in width. for fire apparatus shaI1 be provided before cOIIll11Cllcing any combustible construction. Fire hydrImts shall also be instalkd III!d "",mtain"li before combUBtible construetion begins, subjcct to review and approval by the Bnilding,. Life, and Environmental Safety Division. 13. Dead-end access roads, in excess of ODe hundred fifty (150) feet in length, shall enable fire cngiMs to turn around. Turning radii shall not be less than thirty-nine (39) feet, subject to the review and approval of the Building, Life, &: Environmental Safety Division. 14. The developer shall provide adequate dual access for each phase of development, subject to the review and approval of the Building, Life and Environmental Safety Division. 15. Hydrant locations and water main sizing sball be approved by the Building, Life, &; Environ",Pntal Safety Divisioll, prior to building permit issuance. 16. Road grades shaI1 not exceed fifteen percent (15%), subject to the review and approval of the Building, Life and Environmental Safety Division. 17. Roadway widths are to be unobstructed for a minimum oftwcrrty (20) feet, subject to the review and approval of the Building, Life aDd Enviro=tal Safety Division. 18. Common driveways exceeding one hundied fifty (150) feet in length shall be provided with an approved fire apparatUs turn-around. Driveways exceeding two hundred fifty (250) feet in length. shall be provided with 8 foot by 40 foot turn-outs ew:ry 250 feet. Common driveways shall have a minimum twelve (12) fuot umbstructed width, subject to the review aDd approval of the Engincericg and Building, Life lIIId Enviromnental Safety Division. 19. All vehicle aecess roads shall bavc an all-weather sur.litce lIIId be able to carry the load ora 38,000 pound fire apparatus, subject to the review lIIId approval of the Building, Life and Enviro1lJIlCDtai Safety Division. 20. Residential fire sprinklers conforming to NFPA I3D shall be installed in all new ~dcntia1 b\1i1tlmV. inclusive of garages, subject to the review and approval of the Building, Life and EnvirolllIlCttlal Safety Division. A minimum two-i11ch meter is required. '. , 1M 99-13 J.U~: 10 10/27/00 TREE PRESERV AnON 21. Existing specimen trees native to the IIICll shall be preserved wherever possible. Mitigation of tree removal shall inl:!udc the implm1ent"rinn of tree replacement ratios fur each siglli1iclllll: tree removed, subject to the review and approval of the Commllmty DeveIopt1lCJtt_DepIll'tlDmt. 22. Prior to grading, protective fencing shall be instalJed around an s~iu.c:n trees native to the area (at the drip-line), that lire within and/or adjacent to any cut and till grading, access roads, b1,;l,.Hng . matc:rial stacking, construction vehicle parkii:lg, or my other construction operation. Tree fencing details, including fencing materials, sball be delineated on the: required grading plans, subject to the review and approval ofthc p',,"ning Division. GENERAL UTIT.ITIES 23. Prior to City Council approval of the Tract Map and Improvement Plans, the folloWing items shall be completed by the appliclllll: and/or developer, subject to review aIld approval by the Ecginecring ~~ ' a. A signed original composite plan, by the elcctrieal design engineer sba11 be a part of the, improvement plans; b_ A letter from the subdivision design civil engineer shall be prepared which states that the composite pIan complies with City Codes and StaIldards aIld that DO underground utility collflict exists; c. "Will Serve Letters" from each uli.Iity company for the subdivision sball be supplied to the City; aIld d. The plan chcck and inspection fee for the utility underground work will be collectc:d by the City, 24. Prior [0 my construction of the utilities in the field, the applicant and/or developer sball submit the following items to the City Engineering Division for review and approval: II.. A signed and PGkE-approved original electric plan; and b. A letter from the design Civil Engin=r that states that electrical plans conform with City Codes and StamIards, and with the approved subdivision improvement plans.. 25. All sanitazy sewer, storm drain and water mains are to be located in the public right-of-way. Arty necessary lDllin lines that are outside of the right-of-way must be in IS-foot ClISCments with an weather accessImaintenance roads, subject to review and approval by the Engineering Division. 26. Any utilities to individual Jots are to be private 1atcraIs, DOt City mains, subject to the review and approval of the Engineering Division. 27. Street improvernc:nts and the design ofall stonn drainage, sewer aDd water systems, and all street sections and width! shall be subject to the review and approval of Engineering Division. TM99-13 11 10/27/00 ~oar~'Q: 28. All grading operations IIIId soil compaction activities shaD be per the approvc:a soils report, subject to review and approval by the Engineering Division. 29. The aevcloper sba1\ pay all costs of \and purchase for the ultimate right-of-way and eas""'enr~ m=ssmy tor oft:.site dec\ications to the City of OiIroy, as required by the roadway ami/or utility main aesign. The aevcloper shall, within 21 days after City couucil ~ of the Tentative Map, deposit the estimated cost ofall condemnation expcnses with the City of Gilroy's Community Development Department. All easements and rigltt-of-ways must be ciedicated anciIor dcedeci to the City of Gilroy before Final Map approval, subject to the review ana approval by the Engineering Division. 30. All utilities to, through, IIIId on the site Shall be constructed undergroWlli, in accorclance with Municipal Code Section 21.120, subject to the review IIIId approval ofEngincering Division. WATER SYSTEM 31. The water systems shall be designed per the approved Countzy Estates water master plan, and subject to review and approval by the eDginecring Division. The applicant shall provide calculations that show coDfOrmance to the water master pm The applicant shaD also model to show pressures at the pads. 32. The applicant shall keep water mains within the City right-of-ways or approved public casements, subject to review and approval by the Engineering Division. 13. WIlIer supplies shaI1 be designed to previae a mm;mnm fire tlow of 1500 GPM fOr two hours. System pressures should be sufficie!ll to operllIe a fire sprinkler system at the most hydr"nlioolly remove area and meet the approval of the Building, Life and Environmental Safety Division. 34. Water supply and approved access IOa9s shall be established prior to the start of combustible construction, subjcct to the review and approval of the Building, Life and Environmental Safety Division. STORM DRAINAGE 35. The applicant shall provide a storm c1raiDage master plan which outlincs all required ditches to ensUre that all lots contain their own twlDff or ciiscbarge, subject to review and approval by the Engineering Division. 36. All storm drainage facil.il:ies shall be desigIJed for a 1 DO-year storm ewnt with an overllow for events ~ater than the lOO-ycar storm, subject to review and approval by the Engineering Division. 37. All lots within the development sball be pretecteci from storm water runoff by the insta11atiOA .aL._ . drainage structures within the contributing lot, subject to review and approval by tbe Engineering Division. DtaiDagc c~ shaI1 be required wblm more than one lot benefits from !he easement. All easements shall be in favor of the bcnefiling property and shaI1 be designated as a private stOl"lZl drainage casemenL . TM 9~l3 :"-C:9= 12 10/27/00 38. Stom!. drain design submittal should include calcu1ations oftlH: depth and width oftlow in street gutters duriog a lO-year food event and a lOO-year event, subject to review and approval by the Rngi....~ Division. The inlet capacities and spacings should be desigucd such that the gutter flow from both sides of the street do not encroach beyood two met from the gutter during a 10-year storm and will allow a m;";,.,,,un lO-foot wide traffic lane to be free ofwatcr during a lOO-year event. In no case shall the pavement be immtl..t....1 at any time. Standard in1cts With Pelican hoods shall be used throughout the development. SANITARY SEWER 39. The cieveloper shall provide sewer backf10w valves on aIllots where the upstream sewer main is at an elevation above the lot, subject to review and approval by the Engineering Division. 40. Sanitary sewer latcrals shall not be constnlCted below a concrete ditch. The applicant shall maintain a minimum separation from the ditch of five feet. 41. All main sewer lines shall be located within the City's right-of-way or approved public eascmc:nts, subject to review and aPProval by the Engineering Division. Wi1liam Faus Planning Division Manager Attachments 42. A stop sign shall be installed at the corner of Crest Hill \oIay and Valley Oaks Drive. upon the completion of roadway improvements in Phase II or upon completion of the adjacent park, whichever oCC4rs first. '. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached Resolution No. 2001-9 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 5th day of March, 2001, at which meeting a quorum was present. the City of Gilroy this 18th day of April, 2001. (~~ tf2n-. City C erk of the City of Gilroy (Seal)